But Pythagoras did not proceed in this experiential manner in the
discovery of his theorem. He constructed and he counted, and when he did
that he acted on postulates: “If this is a right-angled triangle and if
that be a square, so,”--and this is just what is done in every science.
The general propositions are, “If the relations remain the same as
formerly the moon must rise to-morrow at such and such a time.” “If this
step in a deduction is not false, if it is well grounded at this point,
if it really refers to x, it follows....” In his procedures the
criminalist does exactly the same thing. What he must be skeptical about
is the postulates from which he starts.
Section 26. (d) The Empirical Method in the Study of Cases.
Properly to bound our discussion of Humian skepticism, a few words have
to be said concerning the empirical method of the sciences. We will call
those laws purely empirical which, in the study of nature, yield
regularities that are demonstrated by observation and experiment, but
upon which little or no reliance is placed with regard to cases which
differ considerably from the observed. The latter is done because no
reason is seen for the existence of such laws. The empirical rule is,
therefore, no final law, but is capable of explaining, especially when
true, e.g., the succession of a certain condition of weather from
certain meteorological signs, the improvement of species through
crossing, the fact that some alloys are harder than their components,
and so on. Or, to choose examples from our own field, jurisprudence may
assert as empirical law that a murderer is a criminal who has gone
unpunished for his earlier crimes; that all gamblers show such
significant resemblances; that the criminal who has soiled his hands
with blood in some violent crime was accustomed to wipe them on the
underside of a table; that the slyest person generally perpetrates some
gross stupidity after committing a serious crime, and so renders
discovery simpler; that lust and cruelty have a certain relation; that
superstition plays a great rôle in crime, etc.
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